Keeping seized vehicle in open air may harm it; petition for custody of vehicle under Section 457 CrPC allowed

Madhya Pradesh High Court: A Single Judge Bench comprising of Anjuli Palo, J., addressed matter where petitioner was aggrieved by an impugned order passed by Ist Additional Sessions Judge Itarsi in a criminal revision whereby the application under Section 457 CrPC, 1973 was dismissed.

The petitioner’s vehicle was seized by the police for crime under Sections 4, 6 and 9 of the M.P. Gauvans Vadh Pratishedh Adhiniyam, 2004 and Section 11 of Pashu Koorta Adhiniyam, 1960. This petition was filed under Section 482 of Code praying the release of petitioner’s vehicle by virtue of Section 457 of the Code on grounds that impugned orders seizing petitioner’s vehicle were illegal and arbitrary and the vehicle had been kept in open space which could damage the vehicle. Court relied on the case of Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 290 where it was held that seized vehicle should be released as keeping it in open could cause harm to the vehicle. Therefore, Court set aside the impugned order as a result of which the vehicle’s interim custody was given to petitioner on furnishing of a personal bond. [Mohd. Irfan v. State of M.P.,2018 SCC OnLine MP 457, dated 03-08-2018]

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